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Vigo County, IN Probate Information
Quick facts
| Item | Vigo County information |
|---|---|
| Court assignment | Probate filings rotate among Vigo Superior Court Division One, Division Two and Division Three. Division Three also serves as the Vigo Circuit Court (LR84-AR01-2). |
| Filing office | Clerk of the Vigo Circuit Court, Vigo County Courthouse, 33 South Third Street, Courthouse, 1st Floor, Terre Haute, IN 47807. |
| Probate office | Vigo Superior Courts, Probate Division, 33 South Third Street, third floor, south end, Terre Haute, IN 47807. Phone: (812) 462-3201. |
| Mailing address | Vigo County Clerk of the Circuit Court, 33 South 3rd Street, Courthouse, 1st Floor, Terre Haute, IN 47807. |
| Phone | Clerk civil filings: (812) 462-3211. Records requests: (812) 231-4499. Probate Division: (812) 462-3201. |
| Fax | Clerk fax: (812) 462-3285. Probate Division fax: (812) 234-3475. |
| Hours | Clerk: Monday through Friday, 8:00 a.m. to 4:00 p.m. Court offices, including the Probate Division, keep the same hours and close from noon to 1:00 p.m. Offices close on county holidays. |
| Cost to open an estate | $177 to open an estate (IC 33-37-4-7), plus $28 if the sheriff is asked to serve papers (IC 33-37-5-15). No court costs fee is collected for offering a will for probate on its own, or for filing a closing statement for an estate described in IC 29-1-8-4 (IC 33-37-4-7(c)). |
| Local forms | Yes. Vigo County publishes probate forms through the Probate Division, including an affidavit for transfer of assets without administration and guardianship forms. Petitions, letters and estate inventory papers are prepared for the case. |
| E-filing | Attorneys file through the Indiana E-Filing System. Unrepresented litigants may e-file but are not required to (Ind. Trial Rule 87). Vigo Superior Court Division Three, which also serves as the Vigo Circuit Court, states that it does not accept filings by email and will not respond to one. |
| Case search | Search the decedent's name on MyCase at public.courts.in.gov/mycase. Estate case types appear as EU, ES or EM. |
| Remote appearance | Non-testimonial matters may be remote at the court's discretion, and testimonial hearings are in person unless good cause or agreement supports a remote appearance (Ind. Administrative Rule 14). Vigo County local rules allow telephone argument on a motion by court order or request, but say it is not favored (LR84-TR73-17). |
| Website | Indiana Judicial Branch Vigo County page. County site: Vigo County, Indiana, then County Courts, then Probate Division. |
Before you begin — know the assets and liabilities
Before filing anything in Terre Haute, identify what the decedent owned, how each asset was titled and whether a beneficiary is already named. Many accounts and jointly held assets pass outside the court estate. Sunset's asset discovery searches more than 2,300 financial institutions so families can understand whether a Vigo County estate settlement needs a court case, a holder affidavit or both.
List debts at the same time. Indiana administration requires published notice to creditors, and Vigo County adds a local inventory step within two months after appointment. Knowing assets and liabilities before opening the estate helps the petition, notice list and inventory certification match the facts from the start.
Which court handles jurisdiction
Vigo County probate is filed at the Vigo County Courthouse, 33 South Third Street in Terre Haute. The Clerk of the Vigo Circuit Court is the filing office for the Vigo Circuit Court and the Vigo Superior Court divisions, and one elected clerk serves every court in the county (IC 33-32-2-1).
Venue is based on domicile: the estate is opened in the Indiana county where the decedent was domiciled at death, or for a nonresident, in a county where Indiana property is located or later comes into the estate (IC 29-1-7-1). That means an estate for a Terre Haute, Riley, Seelyville or West Terre Haute resident is a Vigo County matter even if the death occurred somewhere else.
The county's own caseload rule assigns probate filings on an even rotation among Vigo Superior Court Division One, Division Two and Division Three, and Division Three also serves as the Vigo Circuit Court (LR84-AR01-2). The Probate Division office on the third floor supports guardianships, estates and trusts, but the filing counter is the clerk's first-floor office.
The jurisdiction process
- Confirm venue. File in Vigo County if the decedent was domiciled in Vigo County at death, including Terre Haute, Riley, Seelyville, West Terre Haute or the remaining areas of the county (IC 29-1-7-1).
- Decide whether a court estate is needed. Some property passes outside administration, and the Vigo County Probate Division provides an affidavit for transfer of assets without administration that is presented to the bank or other holder rather than filed with the court (IC 29-1-8-1, IC 29-1-8-2).
- Prepare the opening papers. A typical packet includes the petition for probate of the will and letters testamentary, or a petition for letters of general administration if there is no will, the original will if there is one, the death certificate, names and addresses for heirs, devisees and known creditors, and the court's Instructions for the personal representative. Vigo County rules require pleadings and the court's Instructions to be signed by both the personal representative and the estate lawyer (LR84-PR00-1).
- File with the Clerk of the Vigo Circuit Court on the first floor of the Vigo County Courthouse, 33 South Third Street, Terre Haute. Attorneys use the Indiana E-Filing System, and unrepresented litigants may e-file but are not required to (Ind. Trial Rule 87). Vigo Superior Court Division Three, which also serves as the Vigo Circuit Court, states that it does not accept filings by email and will not respond to one.
- Pay the cost to open the estate. Opening an estate costs $177 (IC 33-37-4-7), plus $28 if the sheriff is asked to serve papers (IC 33-37-5-15). No court costs fee is collected for offering a will for probate on its own, or for filing a closing statement for an estate described in IC 29-1-8-4 (IC 33-37-4-7(c)).
- Wait for assignment under the local rotation. Vigo County sends probate filings evenly to Vigo Superior Court Division One, Division Two and Division Three, and Division Three also serves as the Vigo Circuit Court (LR84-AR01-2). The family does not choose the division.
- Receive letters from the clerk after the court authorizes appointment. Letters testamentary or letters of general administration, attested by the clerk and under the seal of the court, are evidence of the personal representative's authority (IC 29-1-10-4).
- Publish notice and serve required notices. Indiana requires notice of estate administration to be published, and creditor claims are governed by the three-month and nine-month claims limits (IC 29-1-7-7, IC 29-1-14-1).
- File the inventory step on Vigo County's local clock. Within two months after appointment, a supervised estate files an inventory under IC 29-1-12-1. An unsupervised estate either files an inventory under IC 29-1-7.5-3.2(b) or files a verified certification that the inventory has been prepared and is available to distributees on request (LR84-PR00-3).
- Handle hearings and orders. Motions asking for an order are filed electronically with a proposed order, and the rule expressly reaches estates and guardianships (LR84-AR11-4). Argument on a motion may be taken by telephone conference if the court orders it or a party requests it, although Vigo County says telephone argument is not favored (LR84-TR73-17, Ind. Administrative Rule 14).
- Close the estate settlement. In an unsupervised administration, Vigo County says court involvement is limited to opening, closing and fee petitions, and an affidavit that attorney and personal representative fees do not exceed the local guideline is filed with the closing statement (LR84-PR00-2, LR84-PR00-5). In a supervised estate, no fee may be paid without a petition or request for fees and a supporting worksheet (LR84-PR00-4).
Executor duties
- File the court's Instructions, supervised or unsupervised, signed by you and by the estate lawyer (LR84-PR00-1).
- Sign every pleading in the estate alongside the estate lawyer (LR84-PR00-1).
- Within two months after appointment, file the required inventory document or, in an unsupervised estate, the verified certification that the inventory has been prepared and is available to distributees on request (LR84-PR00-3).
- Keep an unsupervised administration focused on opening, closing and any fee petition. Vigo County warns that invoking the court for another matter can convert the estate to supervised administration (LR84-PR00-2).
- Discuss attorney and personal representative fees at the start. Vigo County's rule expects that discussion when the estate lawyer is retained (LR84-PR00-4).
- In a supervised estate, do not pay a fee until a petition or request for fees with a supporting worksheet has been submitted (LR84-PR00-4).
- In an unsupervised estate, file the affidavit that fees do not exceed the court's guideline with the closing statement (LR84-PR00-5).
Forms and documents
Probate forms in Vigo County
Vigo County has local probate forms through the Probate Division. The county's forms include an affidavit for transfer of assets without administration, guardianship forms for minors and adults, a certification of proof of restricted account, and biennial status and accounting forms for guardianships.
The affidavit for transfer of assets without administration is not an opening petition. It is notarized and presented to the bank or other holder of property rather than filed with the court (IC 29-1-8-1, IC 29-1-8-2).
Vigo County does not provide a local petition form, letters form or estate inventory form for a decedent's estate. Those papers are prepared for the case. The local probate rules require the court's Instructions to be filed with signatures from the personal representative and estate lawyer, require the inventory or verified certification within two months, and require fee paperwork at closing or before a supervised-estate fee is paid (LR84-PR00-1, LR84-PR00-3, LR84-PR00-4, LR84-PR00-5).
The Probate Division's own note is that probate staff cannot give legal advice about the forms. Ask the Probate Division which local papers are current before filing, and ask an Indiana probate attorney how to prepare the petition and proposed orders.
Fees
Vigo County's local fee rules are about attorney and personal representative compensation, not court costs. The court costs to open an estate are statewide: $177 to open an estate (IC 33-37-4-7), plus $28 if the sheriff is asked to serve papers (IC 33-37-5-15). These are the statutory amounts in effect in August 2026. No court costs fee is collected for offering a will for probate on its own, or for filing a closing statement for an estate described in IC 29-1-8-4 (IC 33-37-4-7(c)).
Vigo County Superior Courts publish maximum guidelines for reasonable estate lawyer fees and personal representative fees (LR84-PR00-4). The percentage method steps down as the estate grows, from 6 percent at the lowest tier to 1 percent at the highest, with a $2,000 minimum for a supervised estate under the current local guideline (LR84-PR00-4). A separate lower schedule applies to non-probate assets handled during administration.
Extraordinary work, such as a will contest, contested claim, contested hearing or involved heirship determination, is handled by petition and hearing with notice to interested parties, and is considered on an hourly basis (LR84-PR00-4). Where no estate administration is required, the guideline sets a minimum fee of $500 for the related tax filing work (LR84-PR00-4).
A non-professional personal representative may be allowed up to one-half of the attorney's fee, and Vigo County discourages an attorney from serving as both estate lawyer and personal representative in the same estate (LR84-PR00-4). In a supervised estate, no fee may be paid without a petition or request for fees and a supporting worksheet. In an unsupervised estate, the court does not determine fees unless someone petitions or objects, but an affidavit that the fees do not exceed the schedule is filed with the closing statement (LR84-PR00-5).
Local nuance
Vigo County-specific considerations
- Vigo County probate filings rotate among Vigo Superior Court Division One, Division Two and Division Three, and Division Three also serves as the Vigo Circuit Court (LR84-AR01-2). The family does not choose the division.
- The county has a Probate Division office on the third floor of the courthouse, with its own phone number, forms and office hours, separate from the clerk's filing counter on the first floor.
- Vigo County's rules are written around an estate lawyer. Pleadings and the court's Instructions carry both the personal representative's and the estate lawyer's signatures (LR84-PR00-1). Ask the Probate Division before trying to file on your own.
- In an unsupervised administration, the court's involvement is limited to opening, closing and fee petitions. If another issue is brought to the court, the administration may be converted to supervised administration (LR84-PR00-2).
- Vigo County requires something about the inventory to be filed within two months: an inventory in a supervised estate, or an inventory or verified certification in an unsupervised estate (LR84-PR00-3).
- The courts publish local maximum guidelines for estate lawyer and personal representative fees, including percentage caps, hourly treatment for extraordinary work and a rule that a non-professional personal representative may receive up to one-half of the attorney's fee (LR84-PR00-4).
- Every motion asking for an order must be e-filed with a proposed order, and the local rule says that requirement applies to estates and guardianships (LR84-AR11-4).
- A wrongful death estate starts as a supervised estate in Vigo County and may be petitioned to be unsupervised only in rare and special circumstances (LR84-PR00-6).
- Personal electronic devices, including phones, smartwatches, tablets and laptops, are not allowed in Vigo County courtrooms or court offices for members of the public. Courthouse Security may ask you to return the device to your vehicle or use voluntary storage, and refusing both can mean not being admitted (LR84-AR00-9).
- The clerk's counter and court offices close at 4:00 p.m. Court offices, including the Probate Division, close from noon to 1:00 p.m.
Recent updates
| Change | What it means in Vigo County |
|---|---|
| Vigo County local rules effective October 1, 2025 | The rules currently in effect set the rotation that assigns an estate to Vigo Superior Court Division One, Two or Three, the requirement that pleadings and the court's Instructions carry both the personal representative's and the estate lawyer's signatures, the requirement that a motion be filed electronically with a proposed order, and the courthouse rule on personal electronic devices. |
| Indiana Trial Rule 87 effective August 1, 2026 | Attorneys continue to e-file through the Indiana E-Filing System, unrepresented filers may e-file but are not required to, and the rule includes a probate-specific procedure for filing a copy of a will while retaining the original when required (Ind. Trial Rule 87). |
For Vigo County families, the most important recent local change is the October 2025 rule set. It is the rule set that controls the current probate assignment rotation and the local paperwork used in estate settlement.
Page last reviewed: August 2026.Scenarios
| Scenario | Likely Vigo County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | First identify what actually needs court administration. Jointly held property and beneficiary assets may pass outside the estate. If an estate is needed, file at the clerk's first-floor counter, expect assignment by the Vigo Superior Court rotation and include the signed court Instructions required by LR84-PR00-1. | Sunset finds accounts, organizes title and beneficiary information, and helps assemble the estate packet before a filing is made. |
| Out-of-state adult child with a small estate | Vigo County is the venue if the decedent was domiciled here (IC 29-1-7-1). A nonresident personal representative can serve by filing the required acceptance, resident agent appointment and bond paperwork, subject to the court's bond discretion in an unsupervised estate (IC 29-1-10-1(d), IC 29-1-7.5-2.5(c)). Attorneys e-file, MyCase lets you follow the case, and telephone argument may be requested for a motion (LR84-TR73-17). | Sunset helps decide whether a court estate is needed, prepares the information a local attorney needs and helps reduce unnecessary trips to Terre Haute. |
| Parent settling a predeceased child's estate, home must be sold | Move quickly on real estate. Indiana limits a personal representative's ability to sell real property to pay non-lien debts or administration costs unless the petition is filed within five months after death and letters issue within seven months after death (IC 29-1-7-15.1(b)). In Vigo County, a supervised estate files its inventory within two months and cannot pay fees without a petition and worksheet (LR84-PR00-3, LR84-PR00-4). | Sunset gathers asset and debt information, helps prepare the filing packet and connects the family with a local probate attorney for sale authority and closing steps. |
Self-help resources
| Resource | How it helps |
|---|---|
| Vigo County courts on the Indiana Judicial Branch site | Judicial District 19, the current Vigo County local rules, court contact links, case search and e-filing links. |
| Vigo County, Indiana: County Courts, then Probate Division | County probate office on the third floor of the courthouse. Call (812) 462-3201. The Probate Division handles guardianships, estates and trusts and provides the county's probate forms, but staff cannot give legal advice. |
| Vigo County, Indiana: Clerk of the Vigo Circuit Court | Filing counter on the first floor of the courthouse. Civil filings line: (812) 462-3211. Records requests: (812) 231-4499. |
| Vigo County local rules of court | The Indiana Judicial Branch page publishes the county's current local rules, including LR84-PR00 probate rules and the LR84-AR01-2 probate assignment rotation. |
| MyCase | Indiana's statewide public case search. Search the decedent's name. Estate case types appear as EU, ES or EM. |
| Indiana Legal Services, Bloomington office | Free civil legal aid for eligible low-income Hoosiers. The Bloomington office serves Vigo County and can be reached at (812) 339-7668. Intake decides what help is available. |
| Indiana Legal Help, estate topic | Coalition for Court Access estate information, probate FAQ, small estate FAQ and Indiana's statewide small estate affidavit, which is given to the property holder and not filed with the court. |
| Indiana Free Legal Answers | Free, confidential answers to civil legal questions from volunteer Indiana attorneys. |
| Statewide e-filing | Indiana E-Filing System information, certified e-filing service provider list and user guides. Attorneys must e-file, and unrepresented filers may e-file. |
When to hire an attorney
Vigo County probate is a strong county for getting counsel early. The local rules are written around an estate lawyer: pleadings and the court's Instructions carry both the personal representative's and lawyer's signatures, proposed orders are prepared for filing, and supervised-estate fees require a petition with a worksheet (LR84-PR00-1, LR84-PR00-4). The Probate Division provides forms but says its staff cannot give legal advice. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets
Sunset helps families identify bank accounts, investment accounts, insurance, real estate clues and other assets before the Vigo County estate is opened. That makes it easier to choose the right estate settlement path and avoid filing before the asset picture is clear.
Generate the probate packet
Sunset organizes the information needed for the petition, heirs and devisees list, creditor list, inventory work and closing steps. Vigo County has local requirements for the court's Instructions, inventory filings and fee paperwork, and Sunset helps keep those items organized for the attorney and personal representative.
Find a local probate attorney
Vigo County's probate rules are written around an estate lawyer, and the Probate Division cannot give legal advice about its forms. Sunset can connect the family with a vetted Indiana probate attorney who understands local practice in Terre Haute.
Sunset is free for families
Sunset is free for families. The platform helps organize the work, prepare for court filings and connect with professional help without adding another bill to the estate.
Frequently asked questions
Where do I file probate in Vigo County?
File with the Clerk of the Vigo Circuit Court on the first floor of the Vigo County Courthouse, 33 South Third Street, Terre Haute, IN 47807. Mail goes to the same address, addressed to the Vigo County Clerk of the Circuit Court, Courthouse, 1st Floor.
Which court hears estates in Vigo County?
One of three courts hears the estate: Vigo Superior Court Division One, Vigo Superior Court Division Two or Vigo Superior Court Division Three, which also serves as the Vigo Circuit Court. The county's case assignment rule spreads probate filings evenly across those three divisions (LR84-AR01-2). The filing counter is the same because one clerk serves every Vigo County court (IC 33-32-2-1).
Is there a Vigo County probate office I can call?
Yes. The Vigo Superior Courts Probate Division is on the south end of the third floor of the courthouse. It is open Monday through Friday from 8:00 a.m. to 4:00 p.m. and closes from noon to 1:00 p.m. Call (812) 462-3201. The office handles guardianships, estates and trusts and provides probate forms, but it cannot give legal advice.
Do I need a lawyer for a Vigo County estate?
Vigo County's probate rules are built around an estate lawyer. Every pleading must be signed by both the personal representative and the estate lawyer, the lawyer prepares proposed orders, and the court's Instructions are filed with both signatures (LR84-PR00-1). Ask the Probate Division before trying to file on your own.
Can I file a Vigo County probate case online or by email?
Attorneys must e-file through Indiana's e-filing system, and unrepresented filers may e-file but are not required to (Ind. Trial Rule 87). In Vigo County, every motion seeking an order is e-filed with a proposed order, and the rule expressly includes estates (LR84-AR11-4). Vigo Superior Court Division Three, which also serves as the Vigo Circuit Court, states that it does not accept filings by email and will not respond to one, so do not email a filing.
What does it cost to open an estate in Vigo County?
Opening an estate costs $177 (IC 33-37-4-7). Add $28 if the sheriff is asked to serve papers (IC 33-37-5-15). No court costs fee is collected for offering a will for probate on its own, or for filing a closing statement for an estate described in IC 29-1-8-4 (IC 33-37-4-7(c)). Attorney and personal representative fees are separate, and Vigo County publishes local maximum guidelines for them (LR84-PR00-4).
When are Vigo County probate hearings held, and can I appear remotely?
Vigo County does not publish a probate hearing day or filing-to-hearing window for estates. Many unsupervised estates do not need a hearing beyond the court's opening, closing and fee roles (LR84-PR00-2). A non-testimonial matter may be remote at the court's discretion, while testimony is in person unless good cause or agreement supports a remote appearance (Ind. Administrative Rule 14). Vigo County allows telephone argument on a motion if the court orders it or a party requests it, but says telephone argument is not favored (LR84-TR73-17).
How do I look up a Vigo County estate case?
Search the decedent's name on MyCase at mycase.in.gov. Estate cases appear as EU, ES or EM. A Vigo County court cause number begins with 84D or 84C.
Are there local Vigo County probate forms?
Yes, but not for every filing. The Probate Division provides an affidavit for transfer of assets without administration, guardianship forms, restricted-account certification and biennial guardianship status and accounting forms. There is no county petition form, letters form or estate inventory form for a decedent's estate. The affidavit for transfer of assets without administration is notarized and given to the bank or other holder of property, not filed with the court (IC 29-1-8-1, IC 29-1-8-2).
Do I have to travel to Terre Haute for a Vigo County estate?
Routine filings are often handled electronically by the estate lawyer, and MyCase lets you follow the case online. Plan for Terre Haute if testimony is required or the court orders an in-person appearance. If you enter a courtroom or court office, leave phones, smartwatches, tablets and laptops in the car or use voluntary storage at Courthouse Security, because Vigo County restricts personal electronic devices in those spaces (LR84-AR00-9).
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.